State v. Lanter, 57130
| Decision Date | 10 May 1985 |
| Docket Number | No. 57130,57130 |
| Citation | 237 Kan. 309,699 P.2d 503 |
| Parties | STATE of Kansas, Appellant, v. Rick LANTER, Appellee. |
| Court | Kansas Supreme Court |
Syllabus by the Court
When evidence of a child victim's hearsay statements is offered in evidence in a criminal case, pursuant to K.S.A. 60-460(dd), then, following State v. Myatt, 237 Kan. 17, 697 P.2d 836 (1985), the trial judge must hold a hearing and determine (1) whether the child is disqualified or unavailable as a witness, and (2) whether the statement is "apparently reliable" and "the child was not induced to make the statement falsely by use of threats or promises." In determining whether the statement is "apparently reliable," the judge must consider whether the evidence contains "particularized guarantees of trustworthiness."
Gunnar A. Sundby, County Atty., argued the cause, and Robert T. Stephan, Atty. Gen., was with him on the brief for appellant.
No appearance by appellee.
This is an appeal by the State of Kansas from an order of the Atchison District Court dismissing a criminal complaint at the conclusion of the preliminary examination. The defendant, Rick Lanter, was charged with two counts of indecent liberties with a child, K.S.A.1983 Supp. 21-3503. The alleged victim in count No. 1 was three and one-half years of age, and the child in count No. 2 was one and one-half. There was no evidence as to indecent liberties with the younger child, so we are concerned on appeal with the evidence presented by the State in support of count No. 1.
The State called three witnesses: the stepfather, the natural mother of the alleged victim, and an expert witness in the area of child sexual abuse. There was no medical testimony and no physical evidence of child abuse.
The mother testified as to a statement made to her by the little boy, concerning the acts of the defendant. The expert witness also testified as to this statement which was apparently made while she was interviewing the child in the presence of the mother. The trial court, at the conclusion of the hearing, determined upon the basis of the evidence that no crime had been committed and ordered the defendant discharged. The State contends that the court erred in dismissing the complaint, and that the evidence was sufficient to require the court to bind the defendant over for trial.
The trial judge did not have the benefit and guidance of our opinion in State v. Myatt, 237 Kan. 17, 697 P.2d 836 (1985), nor were counsel aware of that opinion which was filed April 5, 1985, two days after oral argument of the appeal in this case. In State v. Myatt, Myatt was charged with indecent liberties with a six-year-old girl. The defendant, the girl's mother, and eventually the child, contracted gonorrhea. The child did not testify. Both Myatt and the State stipulated that the child was disqualified to testify. During the trial the court conducted a hearing pursuant to K.S.A. 60-460(dd) to determine whether the child's out-of-court statements made to Joe Johnson and Carlos Roman were reliable. The trial court found them to be reliable and admitted the statements into evidence. The defendant was convicted and appealed. We discussed the statute at length, the two-part test for determining the admissibility of the statement established in Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980), and the requirement under K.S.A. 60-460(dd) allowing for the admission of a child's statement only if the two prongs of Roberts are met. We said:
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State v. Kuone
...it now specifically provides that it is applicable in "a proceeding pursuant to the Kansas juvenile offender's code." State v. Lanter, 237 Kan. 309, 699 P.2d 503 (1985), was an indecent liberties case in which trial was held before our opinion in Myatt. Since the trial court in Lanter had n......
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A.D.B., Matter of
...of reliability. Myatt, 237 Kan. at 24, 697 P.2d at 843. The Kansas court reiterated and clarified its position in State v. Lanter, 237 Kan. 309, 310, 699 P.2d 503, 505 (1985), when it stated: "First, the trial judge must hold a hearing to determine whether the child is disqualified or unava......
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In re K.U.
...witness where the trial court has found the child incompetent as a witness. 778 P.2d at 947-948, citing State v. Lanter, 237 Kan. 309, 310, 699 P.2d 503, 505 (1985) and Lancaster v. People, 200 Colo. 448, 615 P.2d 720 ¶ 22 Accordingly, though the child may be physically present, as K.U. was......
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State v. Clark, 59196
...we attribute this confusion either to misstatement or transcription error. By the trial court's reference to State v. Lanter, 237 Kan. 309, 699 P.2d 503 (1985), it is clear the court admitted H's statements under (dd). Statements made by T to his mother were also admitted under 60-460(dd). ......